To All,
Each situation is unique so there is almost no "broad brush" here. However, some simple thoughts on the matter.
Involving domestic disputes it is true that a good Samaritan can be attacked by both the aggressor and victim if the Samaritan intercedes. This does not mean I would stand idly by and watch someone be severely beaten or attacked with a weapon, but IF I was able to determine it was a domestic dispute my tolerance threshold for intervening would definitely go up a few notches.
Often times these events are extremely fast so the question becomes almost moot. This happened to me one day when I witnessed a chap get out of his car, walk quickly to another vehicle, punch through the window ONE TIME and then get back in his car to drive away. Apparently both vehicles had been having issues with one another. The entire event took place in less than 10 seconds. What could I do? In that instance I delayed a bit to see that no permanent physical damage was done and that the victim was physically OK and not calling for help before leaving. I was not able to get the license plate of the attacker. I did not call LEO as I had limited information to report and it was vague. Traffic began to move and so did I. In retrospect I could have done more (maybe?) but not much and it was so fast.
When I say things happen fast I mean by our perception. We do not expect to see the unexpected so our brains kindof reject what we see which can cause us to delay through the entire event. Perhaps emergency responders or those who have seen combat have overcome this initial "denial phase" and can respond more quickly, but for many of us that delay does exist.
Regarding authority. In Indiana we each have the legal authority to make a citiizens arrest. PERIOD! I know there are some that do not like this issue but we have the legally recognized authority to perform a citizens arrest.
Under IC 35-33-1-4:
(a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
IANAL and as yet after many years of questioning both LE, attorneys, and one judge have NEVER found a clear definition of "a misdemeanor involving a breach of peace..." So, tread lightly here.
Note also that the LEO is protected legally, we are not.
I believe that I would intervene either directly or indirectly in the same manner as I WOULD WANT someone to intervene on behalf of someone I loved if that stranger were witnessing what I were witnessing and had the same tools available to them as I have for myself. This does NOT include domestic disputes which are far more volatile.
So I simply ask this question: If your sister, wife, daughter, husband, son, mother, or father were being assaulted and I was there and I had everything you do - what would you want me to do? Not get involved? Just call the police? Call and video? Intervene with force?
I hope that how you answer that question is how you would react for my family. And thanks in advance!
Regards,
Doug
Each situation is unique so there is almost no "broad brush" here. However, some simple thoughts on the matter.
Involving domestic disputes it is true that a good Samaritan can be attacked by both the aggressor and victim if the Samaritan intercedes. This does not mean I would stand idly by and watch someone be severely beaten or attacked with a weapon, but IF I was able to determine it was a domestic dispute my tolerance threshold for intervening would definitely go up a few notches.
Often times these events are extremely fast so the question becomes almost moot. This happened to me one day when I witnessed a chap get out of his car, walk quickly to another vehicle, punch through the window ONE TIME and then get back in his car to drive away. Apparently both vehicles had been having issues with one another. The entire event took place in less than 10 seconds. What could I do? In that instance I delayed a bit to see that no permanent physical damage was done and that the victim was physically OK and not calling for help before leaving. I was not able to get the license plate of the attacker. I did not call LEO as I had limited information to report and it was vague. Traffic began to move and so did I. In retrospect I could have done more (maybe?) but not much and it was so fast.
When I say things happen fast I mean by our perception. We do not expect to see the unexpected so our brains kindof reject what we see which can cause us to delay through the entire event. Perhaps emergency responders or those who have seen combat have overcome this initial "denial phase" and can respond more quickly, but for many of us that delay does exist.
Regarding authority. In Indiana we each have the legal authority to make a citiizens arrest. PERIOD! I know there are some that do not like this issue but we have the legally recognized authority to perform a citizens arrest.
Under IC 35-33-1-4:
(a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
IANAL and as yet after many years of questioning both LE, attorneys, and one judge have NEVER found a clear definition of "a misdemeanor involving a breach of peace..." So, tread lightly here.
Note also that the LEO is protected legally, we are not.
I believe that I would intervene either directly or indirectly in the same manner as I WOULD WANT someone to intervene on behalf of someone I loved if that stranger were witnessing what I were witnessing and had the same tools available to them as I have for myself. This does NOT include domestic disputes which are far more volatile.
So I simply ask this question: If your sister, wife, daughter, husband, son, mother, or father were being assaulted and I was there and I had everything you do - what would you want me to do? Not get involved? Just call the police? Call and video? Intervene with force?
I hope that how you answer that question is how you would react for my family. And thanks in advance!
Regards,
Doug
